State Ex Rel. Jacobs v. Sherard

CLARK, Judge.

The trial court had the authority under G.S. 19-2 to issue an ex parte temporary “writ of injunction” preserving the status quo and restraining the defendants from removing or interfering with the contents of the place where the nuisance was alleged to exist.

But the trial court had no authority to issue an ex parte order directing law officers “to forthwith remove the said defendants from the possession of the said premises, ...” A trial court has authority to enter an order of abatement only in a final judgment after the existence of the nuisance has been admitted or…